California Court of Appeal

Trial court's judgment granting plaintiffs' petition for writ of mandate and requiring the agreement (MSA) between a city and an Indian tribe to be vacated, set aside, and voided is reversed and remanded where: 1) the Tribe's casino is not a project of the city so as to trigger compliance with CEQA; 2) city's endorsement of the Tribe's fee-to-trust application is not the city's project; 3) by entering into the agreement, the city has not contracted away its power to consider the full range of alternatives and mitigation measures required by CEQA; and 4) negotiations for firehouse and transportation improvements are not subject to CEQA review.

Appellate Information

• Decided 02/25/2010
• Published 02/25/2010

Judges

• DONDERO, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• George A. Yuhas, Esq., Sarah C. Marriott, Esq., Orrick, Herrington & Sutcliffe, for Defendants and Appellants., Stephan C. Volker, Esq., Joshua A.H. Harris, Esq., Bridget A. Roberts, Esq., Law Offices of Stephan C. Volker, for Plaintiffs and Respondents.